(Download) "Belezarian's Case" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Belezarian's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
LUMMUS, Justice. The single member, the reviewing board, and the Superior Court, all decided against the employee, and his claim for compensation was dismissed on the ground that he failed to show a personal injury. His appeal brings the case here. The employee is and has been for many years a laster of shoes. Much strength is required in putting shoes on a last. He pounds on them with an iron hammer weighing three or four pounds. On October 14, 1938, after lasting two cases of thirty-six pairs each, he felt a sharp pain while pounding, and dropped the hammer. Pain and stiffness in his hands, wrists and arms began about two years before that. The employee gave a statement containing the following: 'I don't recall at any time of having strained the wrists or of injuring them in any way. I think what caused the trouble was just doing the same thing with my hands day after day for all these years. I never hurt my wrists or any of my joints in any way during my life.' An impartial physician reported, G.L.(Ter.Ed.) c. 152, § 9, that in his opinion the incapacity of the employee is not 'due to any specific trauma connected with his work but rather to the continued use of his wrists and hands in pulling the material used in his occupation as laster over a long period of time.' The finding of the reviewing board that the employee did not suffer a personal injury was warranted by the evidence. Gradual wearing out of the body through years of toil is not a 'personal injury' within G.L.(Ter.Ed.) c. 152, § 26. Maggelet's Case, 228 Mass. 57, 61, 116 N.E. 972, L.R.A.1918F, 864; Doyle's Case, 269 Mass. 310, 168 N.E. 798; Reardon's Case, 275 Mass. 24, 27, 175 N.E. 149; Gee's Case, 283 Mass. 23, 26, 186 N.E. 83.